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Bill Amendments

S6651 - Details

S6651 - Summary

Creates the zero carbon emission investment program to be established by PSC and administered by NYSERDA; awards zero carbon emitters for avoided emissions.

S6651 - Sponsor Memo

BILL NUMBER: S6651
TITLE OF BILL :
An act to amend the public authorities law, in relation to creating
the zero carbon emission investment program
PURPOSE OR GENERAL IDEA OF BILL :
This bill would establish the zero carbon emissions investment program
and fund to provide the State's upstate nuclear facilities with funds
in recognition of their zero carbon emitting attributes.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill would add a new title to the public authorities
law directing the public service commission to establish the zero
carbon emission investment program and directing the new york state
energy research and development authority to administer such program.
This section also provides the definitions for the Zero Carbon
Emission Investment Program, authorizes NYSERDA to establish,
calculate, and issue the program to provide awards for zero carbon
emitters for their avoidance of carbon emission although capital
funding from the Regional Greenhouse Gas Initiative, and requires
NYSERDA to submit an annual report to the Governor and Legislature
describing the authority's activities related to the, Zero Carbon

Emission Investment Program. Lastly, the bill would require NYSERDA to
fund the program out of existing funds, while preventing them from
increasing additional fees, rentals, penalties, or other charges
authorized and in existence prior to the effective date of this title.
Section 2 of the bill calls for an immediate effective date and a
repeal of the zero emission credit program created by the PSC.
JUSTIFICATION :
Nuclear power is a clean and reliable form of electric generation. It
has zero carbon emissions. Renewable sources of power generation are
given financial assistance because of their clean characteristics, it
is only fair to provide nuclear power with similar financial
assistance.
This bill would provide nuclear facilities financial assistance, while
not adding another fee or surcharge to the state's ratepayers. New
York State has some of the highest rates in the country, even at a
time of record low costs for energy production. The high rates are a
result of added fees and assessments on bills.
PRIOR LEGISLATIVE HISTORY :
New bill.
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6651
2017-2018 Regular Sessions
I N S E N A T E
June 9, 2017
___________
Introduced by FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public authorities law, in relation to creating the
zero carbon emission investment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 8 of the public authorities law is amended by
adding a new title 9-B to read as follows:
TITLE 9-B
ZERO CARBON EMISSION INVESTMENT PROGRAM
SECTION 1900. SHORT TITLE.
1901. DEFINITIONS.
1902. ZERO CARBON EMISSION INVESTMENT PROGRAM.
1903. ADMINISTRATION BY THE AUTHORITY.
1904. CALCULATION OF AWARDS.
1905. ANNUAL REPORTING.
1906. FUNDS ADMINISTRATION.
1907. MISCELLANEOUS.
S 1900. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"ZERO CARBON EMISSION INVESTMENT PROGRAM".
S 1901. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AVOIDED EMISSIONS" MEANS THE ESTIMATE OF CO2 EMISSIONS, AS CALCU-
LATED BY THE AUTHORITY, THAT WOULD HAVE BEEN RELEASED IF A ZERO CARBON
EMITTER HAD NOT EXISTED.
2. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
3. "ZERO CARBON EMITTER" MEANS A FACILITY THAT USES ATOMIC ENERGY TO
GENERATE ELECTRICITY.
4. "ATOMIC ENERGY" MEANS ALL FORMS OF ENERGY RELEASED IN THE COURSE OF
NUCLEAR FISSION OR NUCLEAR TRANSFORMATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD13102-04-7

S. 6651 2
5. "CLEARING PRICE" MEANS THE AVERAGE OF THE QUARTERLY REGIONAL GREEN-
HOUSE GAS INITIATIVE AUCTION CLEARING PRICES FOR THE CURRENT YEAR.
S 1902. ZERO CARBON EMISSION INVESTMENT PROGRAM. WITHIN THREE MONTHS
OF THE EFFECTIVE DATE OF THIS TITLE, THE PUBLIC SERVICE COMMISSION IS
HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH THE ZERO CARBON EMISSION
INVESTMENT PROGRAM.
S 1903. ADMINISTRATION BY THE AUTHORITY. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS TITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO ADMINISTER THE ZERO CARBON EMISSION INVESTMENT PROGRAM. THE
AUTHORITY SHALL IMPLEMENT THE PROGRAM AS SET FORTH BY THE DEPARTMENT OF
PUBLIC SERVICE, IN CONSULTATION WITH THE POWER AUTHORITY OF THE STATE OF
NEW YORK, AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE AUTHORI-
TY IS AUTHORIZED AND DIRECTED TO:
1. USE MONIES MADE AVAILABLE FOR THE PROGRAM PURSUANT TO SECTIONS
NINETEEN HUNDRED SIX AND NINETEEN HUNDRED SEVEN OF THIS TITLE TO ACHIEVE
THE PURPOSES OF THE PROGRAM, SPECIFICALLY TO AWARD ZERO CARBON EMITTERS
FOR AVOIDED EMISSIONS;
2. ENSURE MONIES ARE MADE AVAILABLE TO QUALIFYING ZERO CARBON EMITTERS
NO LESS THAN SIXTY DAYS AFTER THE FINAL QUARTERLY AUCTION OF THAT YEAR;
AND
3. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THE PROGRAM AS DIRECTED AND AUTHORIZED BY THE DEPARTMENT OF
PUBLIC SERVICE.
S 1904. CALCULATION OF AWARDS. THE AUTHORITY SHALL CALCULATE AND ISSUE
AN AWARD TO EACH ZERO CARBON EMITTER IN THE FOLLOWING MANNER: THE
AUTHORITY SHALL TAKE THE AVERAGE OF THE FOUR QUARTERLY AUCTION CLEARING
PRICES OF THE MOST RECENT YEAR MULTIPLIED BY FIFTY PERCENT OF THE ZERO
CARBON EMITTER'S AVOIDED EMISSIONS TO DETERMINE SUCH AWARD. THE AUTHORI-
TY SHALL CALCULATE THE ANNUAL AVOIDED EMISSIONS FOR EACH FACILITY.
S 1905. ANNUAL REPORTING. NO LATER THAN OCTOBER FIRST, TWO THOUSAND
EIGHTEEN AND OCTOBER FIRST OF EACH YEAR THEREAFTER, THE PRESIDENT OF THE
AUTHORITY SHALL ISSUE AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY CONCERNING THE
AUTHORITY'S ACTIVITIES RELATED TO THE ZERO CARBON EMISSION INVESTMENT
PROGRAM CREATED PURSUANT TO THIS TITLE.
S 1906. FUNDS ADMINISTRATION. THE AUTHORITY SHALL ENSURE THAT NOT LESS
THAN THE TOTAL AWARDS ISSUED TO QUALIFYING ZERO CARBON EMITTERS IS MADE
AVAILABLE FOR THE PURPOSE OF FUNDING THE ZERO CARBON EMISSION INVESTMENT
PROGRAM.
S 1907. MISCELLANEOUS. THE AUTHORITY SHALL FINANCE THE ZERO CARBON
EMISSION INVESTMENT PROGRAM ESTABLISHED PURSUANT TO THIS TITLE THROUGH
ANY FUNDS AVAILABLE TO THE AUTHORITY PURSUANT TO SECTION EIGHTEEN
HUNDRED FIFTY-FOUR OF THIS ARTICLE OR ANY OTHER RELEVANT LAW. PROVIDED,
HOWEVER, THE AUTHORITY SHALL NOT INCREASE OR COLLECT ADDITIONAL FEES,
RENTALS, PENALTIES OR OTHER CHARGES AUTHORIZED AND IN EXISTENCE PRIOR TO
THE EFFECTIVE DATE OF THIS TITLE FOR THE FINANCING OF SUCH PROGRAM.
S 2. This act shall take effect immediately, and upon enactment, the
zero emission credit as part of the clean energy standard as implemented
by the public service commission shall be deemed null and void, and no
charges shall be assessed against any regulated entity of the department
of public service pursuant to such prior order or if already assessed,
shall be refunded pro-rata to any rate payer.

Co-Sponsors

S6651A (ACTIVE) - Details

S6651A (ACTIVE) - Summary

Creates the zero carbon emission investment program to be established by PSC and administered by NYSERDA; awards zero carbon emitters for avoided emissions.

S6651A (ACTIVE) - Sponsor Memo

BILL NUMBER: S6651A
TITLE OF BILL :
An act to amend the public authorities law, in relation to creating
the zero carbon emission investment program
PURPOSE OR GENERAL IDEA OF BILL :
This bill would establish the zero carbon emission investment program
and fund to provide the State's upstate nuclear facilities with funds
in recognition of their zero carbon emitting attributes.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of the bill would add a new title to the public authorities
law directing the public service commission to establish the zero
carbon emission investment program and directing the New York State
Energy Research and Development Authority to administer such program.
This section also provides the definitions for the Zero Carbon
Emission Investment Program, authorizes NYSERDA to establish,
calculate, and issue awards for the program to zero carbon emitters
for their avoidance of carbon emission, and requires NYSERDA to submit
an annual report to the Governor and Legislature describing the
authority's activities related to the Zero Carbon Emission Investment
Program. Lastly, the bill would require NYSERDA to fund the program

out of existing funding streams, while preventing them from increasing
additional fees, rentals, penalties, or other charges authorized and
in existence prior to the effective date of this title.
Section 2 of the bill calls for an immediate effective date and a
repeal of the zero emission credit program created by the PSC.
JUSTIFICATION :
Nuclear power is a clean and reliable form of electric generation. It
has zero carbon emissions. Renewable sources of power generation are
given financial assistance because of their clean characteristics, it
is only fair to provide nuclear power with similar financial
assistance.
This bill would provide nuclear facilities financial assistance, while
not adding another fee or surcharge to the state's ratepayers. New
York State has some of the highest rates in the country, even at a
time of record low costs for energy production. The high rates are a
result of added fees and assessments on bills.
PRIOR LEGISLATIVE HISTORY :
New bill.
FISCAL IMPLICATIONS :
None to the state.
EFFECTIVE DATE :
Immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6651--A
2017-2018 Regular Sessions
I N S E N A T E
June 9, 2017
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public authorities law, in relation to creating the
zero carbon emission investment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 8 of the public authorities law is amended by
adding a new title 9-B to read as follows:
TITLE 9-B
ZERO CARBON EMISSION INVESTMENT PROGRAM
SECTION 1900. SHORT TITLE.
1901. DEFINITIONS.
1902. ZERO CARBON EMISSION INVESTMENT PROGRAM.
1903. ADMINISTRATION BY THE AUTHORITY.
1904. CALCULATION OF AWARDS.
1905. ANNUAL REPORTING.
1906. FUNDS ADMINISTRATION.
1907. MISCELLANEOUS.
S 1900. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"ZERO CARBON EMISSION INVESTMENT PROGRAM".
S 1901. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
2. "ZERO CARBON EMITTER" MEANS A FACILITY THAT USES ATOMIC ENERGY TO
GENERATE ELECTRICITY.
3. "ATOMIC ENERGY" MEANS ALL FORMS OF ENERGY RELEASED IN THE COURSE OF
NUCLEAR FISSION OR NUCLEAR TRANSFORMATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13102-06-7

S. 6651--A 2
S 1902. ZERO CARBON EMISSION INVESTMENT PROGRAM. WITHIN THREE MONTHS
OF THE EFFECTIVE DATE OF THIS TITLE, THE PUBLIC SERVICE COMMISSION IS
HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH THE ZERO CARBON EMISSION
INVESTMENT PROGRAM.
S 1903. ADMINISTRATION BY THE AUTHORITY. WITHIN SIX MONTHS OF THE
EFFECTIVE DATE OF THIS TITLE, THE AUTHORITY IS HEREBY AUTHORIZED AND
DIRECTED TO ADMINISTER THE ZERO CARBON EMISSION INVESTMENT PROGRAM. THE
AUTHORITY SHALL IMPLEMENT THE PROGRAM AS SET FORTH BY THE DEPARTMENT OF
PUBLIC SERVICE, IN CONSULTATION WITH THE POWER AUTHORITY OF THE STATE OF
NEW YORK, AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE AUTHORI-
TY IS AUTHORIZED AND DIRECTED TO:
1. USE MONIES MADE AVAILABLE FOR THE PROGRAM PURSUANT TO SECTIONS
NINETEEN HUNDRED SIX AND NINETEEN HUNDRED SEVEN OF THIS TITLE TO ACHIEVE
THE PURPOSES OF THE PROGRAM, SPECIFICALLY TO AWARD ZERO CARBON EMITTERS
FOR AVOIDED EMISSIONS;
2. ENSURE MONIES ARE MADE AVAILABLE TO QUALIFYING ZERO CARBON EMITTERS
NO LESS THAN SIXTY DAYS AFTER THE FINAL QUARTERLY AUCTION OF THAT YEAR;
AND
3. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THE PROGRAM AS DIRECTED AND AUTHORIZED BY THE DEPARTMENT OF
PUBLIC SERVICE.
S 1904. CALCULATION OF AWARDS. AWARDS TO QUALIFYING ZERO CARBON EMIT-
TERS SHALL BE DETERMINED PURSUANT TO CONTRACTS BETWEEN THE AUTHORITY AND
ZERO CARBON EMITTERS RELATED TO THE AVOIDED EMISSIONS OF THE PLANT.
S 1905. ANNUAL REPORTING. NO LATER THAN OCTOBER FIRST, TWO THOUSAND
EIGHTEEN AND OCTOBER FIRST OF EACH YEAR THEREAFTER, THE PRESIDENT OF THE
AUTHORITY SHALL ISSUE AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY CONCERNING THE
AUTHORITY'S ACTIVITIES RELATED TO THE ZERO CARBON EMISSION INVESTMENT
PROGRAM CREATED PURSUANT TO THIS TITLE.
S 1906. FUNDS ADMINISTRATION. THE AUTHORITY SHALL ENSURE THAT NOT LESS
THAN THE TOTAL AWARDS ISSUED TO QUALIFYING ZERO CARBON EMITTERS IS MADE
AVAILABLE FOR THE PURPOSE OF FUNDING THE ZERO CARBON EMISSION INVESTMENT
PROGRAM.
S 1907. MISCELLANEOUS. THE AUTHORITY SHALL FINANCE THE ZERO CARBON
EMISSION INVESTMENT PROGRAM ESTABLISHED PURSUANT TO THIS TITLE THROUGH
ANY FUNDS THE AUTHORITY HAS RETAINED OR IS AUTHORIZED TO COLLECT PURSU-
ANT TO SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THIS ARTICLE AND SHALL
FUND THE ZERO CARBON EMISSIONS INVESTMENT PROGRAM PRIOR TO FUNDING ANY
OTHER PROGRAM IMPLEMENTED BY THE AUTHORITY. PROVIDED, HOWEVER, THE
AUTHORITY SHALL NOT INCREASE OR COLLECT ADDITIONAL FEES, RENTALS, PENAL-
TIES OR OTHER CHARGES AUTHORIZED AND IN EXISTENCE PRIOR TO THE EFFECTIVE
DATE OF THIS TITLE FOR THE FINANCING OF SUCH PROGRAM.
S 2. This act shall take effect immediately, and upon enactment, the
zero emission credit as part of the clean energy standard as implemented
by the public service commission shall be deemed null and void, and no
charges shall be assessed against any regulated entity of the department
of public service pursuant to such prior order or if already assessed,
shall be refunded pro-rata to any rate payer.

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